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Decision A-1036.92 Full Text of Decision A-1036.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The purpose was said to be the preservation of government neutrality during labour disputes and the avoidance of the inequity of using an employer's contribution to the UI fund to finance a strike against himself. This rationale has been criticized by some but remains nevertheless the policy basis.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute loss of employment by reason of a stoppage
labour dispute loss of employment prior to stoppage
board of referees legislative authority purpose of ui system
board of referees errors in law misinterpretation of facts

Decision 21236 Full Text of Decision 21236

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Refer to: A-1036.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute loss of employment by reason of a stoppage
board of referees legislative authority purpose of ui system
labour dispute loss of employment prior to stoppage
board of referees errors in law misinterpretation of facts

Decision 21842 Full Text of Decision 21842

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Principle of neutrality examined and discussed. It is not related to the payment or non-payment of benefits in relation to a specific labour dispute. It applies to the operation of an UI scheme in general. It is not infringed by the non-payment of benefits in the present case.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter
labour dispute stoppage of work temporary measures

Decision A-0226.88 Full Text of Decision A-0226.88

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

As per ZWARICH, the rule found in ss. 31(1) is neither fundamentally unjust nor unreasonable. It is necessary in order to ensure that the CEIC will not take sides in labour complaints and funds will not be used to lend support to strikers. Leave to appeal to SC denied.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter

Decision 14715 Full Text of Decision 14715

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Refer to: A-0226.88

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter

Decision 16202 Full Text of Decision 16202

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Enacted to ensure government will always adopt a neutral posture in regard to labour disputes. Providing UI to employees who are striking their employer's operations would distort the intended balance of collective bargaining which comes to a critical impasse.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment prior to stoppage

Decision 1909488 Full Text of Decision 1909488

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Since the purpose of the Act is to make benefits available to the unemployed, a liberal interpretation of re-entitlement provisions is warranted, given the Act was not designed to deprive innocent victims of benefits and also employees do contribute to UI fund. [p. 35] The purpose of s.31 as well as the purpose of the Act as a whole (to provide benefits to involuntarily unemployed persons) dictate that a narrow interpretation be given to the disentitlement provisions of that section. Any doubt (as stated in ABRAHAMS) should be resolved in favour of the claimant. Re: principle of neutrality underlying the labour dispute provisions. This rationale has been criticized. As originally enacted in England and later incorporated in Canada, it does not today enjoy much favour due to different states of labour relations.[p. 35-38]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees legislative authority purpose of ui system
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
board of referees rules of construction each word counts

Decision 12543 Full Text of Decision 12543

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Refer to: A-0521.86

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter
board of referees jurisdiction charter
umpires jurisdiction charter

Decision A-0521.86 Full Text of Decision A-0521.86

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The rule in ss. 31(1) is necessary in order to ensure that the Commission will not take sides in labour complaints and that its funds will not be used to lend support to employees in a labour dispute with their employer.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter
board of referees jurisdiction charter
umpires jurisdiction charter

Decision S-0879.82

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The Court quoted the comments of an author who stated: "A fund to which employers had contributed should not have been used against them. Government neutrality must be preserved. This is the purpose." [p. 9]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute participation picket lines

Decision 12700 Full Text of Decision 12700

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The labour dispute provisions are designed to prevent payment to employees in dispute. The UI fund is to assist those persons involuntarily unemployed and seeking work. Not to assist either party in dispute both of whom have contributed to the fund.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement

Decision 11403 Full Text of Decision 11403

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Refer to: A-0942.85

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment by reason of a stoppage
labour dispute participation duration
labour dispute loss of employment terminates during strike
federal court reasons for judgment not stated interpretation
labour dispute directly interested employment terminates

Decision A-0942.85 Full Text of Decision A-0942.85

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Termination of disentitlement under 31(2) is not contrary to the policy of the Act, which is to provide benefits to unemployed persons while avoiding having such benefits used for the purposes of financing a labour dispute.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment by reason of a stoppage
labour dispute participation duration
labour dispute loss of employment terminates during strike
federal court reasons for judgment not stated interpretation
labour dispute directly interested employment terminates

Decision 12102 Full Text of Decision 12102

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

S. 31 essentially intended to ensure there is no bias in Act in terms of labour relations and purpose is to prevent benefits being used indirectly to finance dispute, which would disturb that neutrality. [p. 7]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute stoppage of work premises
labour dispute loss of employment prior to stoppage
labour dispute directly interested own conditions at issue
labour dispute participation definition
labour dispute directly interested recall after stoppage

Decision 11920 Full Text of Decision 11920

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

S. 44 does not admit of any flexibility. Primary requirement is to avoid UI system becoming trump card in settling disputes. Legislation so clear and absolute that no tribunal may consider merits of dispute.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued

Decision 11475 Full Text of Decision 11475

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

S.31 is a statutory expression of the principle that UI benefits should not be perceived as supporting either side in initiating or prolonging labour strife.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike
labour dispute loss of employment hired due to stoppage
labour dispute loss of employment while claiming ui

Decision A-1082.84 Full Text of Decision A-1082.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The UI Fund is intended for workers who, after losing their employment, do not succeed in immediately finding another one; it is not intended for inactive employees who have directly (strike) or indirectly (lock-out) chosen to be unemployed. [Marceau, J.] If the UI Fund had to serve to finance employees on strike in some way, the operation of economic forces that should force a settlement of labour disputes could be completely distorted. [Marceau, J.]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct dismissal upon settlement of labour dispute
labour dispute loss of employment prior to stoppage
labour dispute loss of employment definition
voluntarily leaving employment applicability strike anticipated

Decision 10790 Full Text of Decision 10790

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

UI Act has established valid and practical scheme to protect public against loss of income; must be protected by rules including rule dealing with labour disputes. Never intended to compensate for this type of loss.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
labour dispute regularly engaged definition

Decision A-0175.84 Full Text of Decision A-0175.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

See summary indexed under S-0175.84

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees legislative authority purpose of ui system
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
board of referees rules of construction each word counts

Decision A-0879.82 Full Text of Decision A-0879.82

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

The Court quoted the comments of an author who stated: "A fund to which employers had contributed should not have been used against them. Government neutrality must be preserved. This is the purpose." [p. 9]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute participation picket lines

Decision A-0090.81 Full Text of Decision A-0090.81

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
Summary:

Not to apply 44(1) to the loss of employment during a benefit period would be difficult to reconcile with the obvious purpose of that provision not to permit that the funds of UI be used to subsidize a party to a labour dispute.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment while claiming ui
labour dispute loss of employment dual employment
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